At a time when some countries are moving from democracy to autocracy while undermining judicial independence, Taiwan’s democratic values have been bolstered by its Constitutional Court.
With the Constitutional Court Procedure Act (憲法訴訟法), which took effect on Jan. 4, the judicial review system implemented by the Council of Grand Justices has become more court-based, adjudicative and procedure-led, making it better able to protect human rights.
On Feb. 25, the court delivered Constitutional Judgement No. 1, and the new system was set in motion.
The judgement says that Article 35, Paragraph 6 of the Road Traffic Management and Penalty Act (道路交通管理處罰條例) — which states that drivers who cannot or will not provide a breath alcohol test after an accident may be sent to a medical institution or inspection agency for a blood alcohol test — contravenes personal freedoms, the right to bodily integrity and the right to privacy guaranteed under Articles 8 and 22 of the Constitution.
The court ruled that traffic laws must be revised accordingly within two years.
In the interim, police officers are allowed to test drivers if they are suspected of driving under the influence (DUI), or if drivers refuse or are incapable of taking a breath alcohol test after an “accident,” although written permission, according to Article 205-1 of the Code of Criminal Procedure (刑事訴訟法), must first be obtained from the local prosecutors’ office.
In an emergency, police officers can proceed with a blood test, but they must inform the prosecutors’ office within 24 hours of having done so.
With a spate of DUI incidents garnering attention across the country, the judgement might cause disputes or misunderstandings.
What must be distinguished is the word “accident” (肇事), which refers to collisions in which no one was injured or killed.
In cases in which a person negligently causes injury or death to another, these behaviors fall within the scope of Article 35, Paragraphs 1 to 4, as well as provisions of the Code of Criminal Procedure. Such serious crimes involve damage to other people’s lives, bodies and property, and do not fall within the scope of the ruling.
Requiring a police officer to seek written permission from a prosecutor in the process of a obtaining a blood sample is a stopgap measure that can uphold human rights protection, but it comes with problems.
For example, it requires the prosecutor to carefully consider and accurately assess the rationality or necessity of obtaining a blood sample, and whether this is practical is debatable.
The necessity of avoiding delays in this process — considering the accuracy of the test results, and granting test verification or inspection quickly — could lead to obtaining permission from a prosecutor or a judge to becoming a mere formality, and ultimately serve as little more than a rubber stamp.
One plausible solution would be to give administrative agencies greater discretion, while another would be to have lawmakers think more pragmatically when revising the law.
The ruling reviews the elements of the disputed provisions one by one, while it concludes that they were unconstitutional and should be revised within a time limit.
The aim is to balance procedural justice and the public interest while finding a middle ground between cracking down on drunk driving and preventing state power from infringing the rights of innocent citizens.
The ruling cannot be read as neglect and indulgence of drunk driving.
Huang Yu-zhe is a student in National Chengchi University’s Graduate Institute of Law and Interdisciplinary Studies.
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